Judgment Ravi Nandan Sahay, J. 1. This appeal arises from Sessions Case No. 66 of 1986 on the file of 2nd Additional Sessions Judge, Katihar, in which case these two appellants were charged and tried for offences under Sections 366, 366A and 364/34 of the Indian Penal Code. The charges under Sections 366A and 364/34, Indian Penal Code failed and accordingly they were acquitted of the said charges. The Trial Court, however, convicted the appellants under Section 366 of the Indian Penal Code and sentenced them seven years imprisonment. 2. The peculiarity of the case is that appellant No. 1 Aslam is the husband of Shyama alias Parbati, who is alleged to have been kidnapped on 9.11.1984. There is no evidence that the appellants had abducted the daughter of the informant with intent that she may be compelled to marry any person against her will or she might be forced or seduced to intercourse. Her father the informant learnt that his daughter was seen going on a rickshaw towards Bhasna bridge near Hasanganj Bazar, P.S. Dandkhora, District-Katihar, some persons told him that she was going with these appellants, who were tailors working in the shop of Md. Umar Faruque situated near the sweetmeat shop of Jagarnath Bhagat, father of Shyama near Hasanganj Bazar. 3. The Rickshaw Puller Rama Mahto was examined as P.W. 4. His evidence was that while he was going to Bhasna Bridge, Shyama, Aslam and Yunush boarded on his rickshaw. They were brought near Bhasna Bridge. They all got down from the rickshaw and boarded a bus for Katihar. These two appellants are said to have boarded the rickshaw on request. Shyama did not object. Shyama actually was going on rickshaw alone. She disclosed to rickshaw puller that she was going to her Mausis house at Katihar. Thus, it is clear from the evidence of P.W. 4 that she had not been induced or kidnapped by the appellants. 4. The evidence of Shyama, who was examined as Court witness No. 1 gives a death blow to the whole case. I wonder how on the face of the evidence of Shyama the Trial Court found the appellants guilty. The evidence of Shyama has been discussed in para-24 of the judgment. It is useful to reproduce para-24 of the judgment: "24. The evidence of Shyama, who was examined as Court witness No. 1 gives a death blow to the whole case. I wonder how on the face of the evidence of Shyama the Trial Court found the appellants guilty. The evidence of Shyama has been discussed in para-24 of the judgment. It is useful to reproduce para-24 of the judgment: "24. Here it would be relevant to refer to the evidence of the victim girl examined as Court witness No. 1. It may be recalled that she was at first tried by the accused to be examined as defence witness and for that prayer was also made on their behalf in the Court and accordingly their prayer was also allowed. But as per order of the Hon ble High Court she was examined as Court witness being brought from the jail where she had been kept in safe custody in the interest of her safety. As it stands admitted by this witness in her evidence and also by accused Aslam in his statement under Section 313 Cr. PC, she has been married to Aslam and has been living with him as husband and wife. She has also admitted in her evidence that she has given birth to a child from accused Aslam, It also stands admitted by her that she has already embraced Islam. She in her evidence has said that she wants to save Aslam from the case. Obvious it is that she has developed love and affection for accused Aslam due to her long association with him. In this circumstance it is quite natural on her part to try her best to give such evidence as may go to save him from criminal liability. In her bid to save Aslam she has come with some strange and got up stories. She has said that her father had arranged her marriage with an old man of 70 years and was pressing her for marrying him which she did not like and therefore, she voluntarily left her fathers house. There does not appear to be any truth in this story inasmuch as it has come in evidence that out of 7 daughters of the informant 5 had already been married and the marriage of 6th one was also settled prior to the date of occurrence. There does not appear to be any truth in this story inasmuch as it has come in evidence that out of 7 daughters of the informant 5 had already been married and the marriage of 6th one was also settled prior to the date of occurrence. When five daughters had already been given in marriage and the marriage of 6th one was already settled, there was no question of not giving the last daughter, the victim girl, in marriage to a suitable person. The financial condition of the informant does not appear to be bad. Moreover, as already found the victim girl was at best aged about under 16 years only at the time of the occurrence. In the circumstances, the story given by the victim girl (C.W. 1) appears to be palpably false. It is significant to note that the victim girl in her evidence has admitted that she left her fathers house on 9.11.1984 and this is the date of occurrence according to the prosecution. But according to her evidence she left her fathers house not in the evening but in the early hours of 9.11.1984. According to her she went via Purnea to Kishanganj and from there by train to Tinsukia where at the railway station she met an employee to whom she narrated the story of her misery and started doing work of maid servant at his place. She further goes on to say that 5 or 6 months after she met Aslam at Tinsukia railway station to whom she narrated everything and also proposed and pressed him to marry her and also threatened him that if he did not agree to marry her she would commit suicide whereupon he agreed and she married him according to Mohamedan rites and custom and started living with him as husband and wife in a rented house at Tinsukia. She has further said that from Aslam she gave birth to a child. Then again she has said that when Aslam came to Katihar he came to know about a false case having been instituted against him. Further according to her evidence she came to Katihar along with Aslam and got herself medically examined by a doctor and went to the Court of a Magistrate for getting her statement recorded which was refused by the Court. Further according to her evidence she came to Katihar along with Aslam and got herself medically examined by a doctor and went to the Court of a Magistrate for getting her statement recorded which was refused by the Court. After that she shifted with Aslam to Matigara (Bengal) and started residing there in a rented house from where Aslam surrendered in Court and was remanded to custody and that she came from Matigara for her evidence in this Court. The story of her journey from her house to Tinsukia appears to be not convincing there being no compelling circumstances to finally leave her fathers house and protection. Moreover, the description of her journey to Tinsukia is also not convincing. The alleged medical certificate and the application have, however, been produced on behalf of the accused but not proved. These papers have come from the side of the defence in course of evidence and, therefore, carries no weight. If Aslam had come with the victim girl to Katihar why they did not go to the police to present their own case and get the victim girl examined under Section 164 Cr. PC through police. It is obvious that it was Aslam who was pulling wire from behind and went keeping away from the police with a view to escape from criminal liability. It is very much clear that the victim girl has tried to conceal the truth she by now having come under the influence of the accused. It is also apparent that she has built up a story suited to the defence. In the circumstances, it is very difficult to accept the story as narrated by the victim girl. It has been argued by the learned defence Counsel that either of the two stories one coming from the side of the prosecution and the other appearing from the victim girl has to be accepted. I do not think it to be correct approach to the point at issue. All that has to be seen is as to what facts have been proved through evidence on record and whether from the proved facts charges against the accused have been proved beyond doubt. The fact that Aslam was known to the victim girl herself in her evidence. All that has to be seen is as to what facts have been proved through evidence on record and whether from the proved facts charges against the accused have been proved beyond doubt. The fact that Aslam was known to the victim girl herself in her evidence. It also stands proved and admitted that she used to help her father in running the shop and also that Aslam used to reside in Hasanganj. It also stands admitted by her and established through evidence that Aslam had prior meeting with the victim girl. It also stands sufficiently proved through evidence that after she left the house of her father she went in the company of Aslam and lived with him, married him and be got a son from him. All this admitted and established facts are consistent with the first part of the prosecution case revealed from the evidences of P.Ws. 1, 2, 3, 4, 5 and 6. The story of Aslam and Yunus taking away the victim girl on rickshaw in the evening of 9.11.1984 from the road near Ram Nagar Bansi stands sufficiently proved. So even if second and third part of the prosecution story is not sufficiently established the first part of the prosecution story stands well proved. The question is whether on the proved fact charges stand proved against the accused." 5. The evidence of Shyama reveals that her father the informant wanted to marry her with an old man of 70 years and she voluntarily left her fathers house. Whatever be the truth of the story narrated by Shyama, the Trial Court should not have convicted the appellants disbelieving her testimony. She was most important witness of the case and in absence of any other evidence, the entire case rested on her testimony. According to the evidence of the girl, she went to Tinsukia by train where at the railway station she narrated her story to an employee of railway and started working as maid servant at his place. After 5-6 months she met Aslam to whom she narrated everything in order to impress him to marry her and also threatened him that if he would not marry her, she would commit suicide. Aslam agreed and married her according to Mohamedan rites and customs and started living in a rented house at Tinsukia. A child was also born to her. Aslam agreed and married her according to Mohamedan rites and customs and started living in a rented house at Tinsukia. A child was also born to her. When Aslam came to Katihar, he came to know about false case instituted against him. She got herself medically examined when refused by the Court. After that she went with Aslam to Matigarha and started living there in a rented house and from where Aslam surrendered in Court and remanded to custody. She came from Matigarha for her evidence. This statement of Shyama was also not accepted by the Court. There is absolutely no evidence to bring home charge under Section 366, IPC against the appellants. 6. In Emperor v. Ranchander 1914 Cr LJ 265, a girl under 16 years of age left the guardianship of her husband and her father-in-law out of her own free will. On the way she met with the accused and stayed with him for a few days without any force or fraud having practised on her. The Division Bench of Allahabad High Court held that the accused was neither guilty of abduction nor of Kidnapping. 7. In Lacchi Ram v. Emperor, 1923 Cr LJ 564, a minor girl left her husbands home without any persuasion, inducement or blandishment held out to her. It was held that the accused cannot be held to have infringed the law even if he did not restore her to her lawful guardian. 8. The conviction of the appellants is based on no evidence. There is no legal evidence. This appeal is accordingly allowed and the conviction of the appellants is set aside and they are acquitted of the charges. Both the appellants are discharged from the liability of their bail bonds.